No evidence seen of police brutality

Press, 2 September 1980, Page 7

No evidence seen of police brutality

There was “not a tittle of evidence” to ' substantiate complaints of police brutality during a fracas in Cathedral Square late on the evening of July 4,j,.lsaid Judge Ryan in the District Court . at . Christchurch yesterday.: • ■ .. : Judge Ryan was ..Summing up at the end of a ' two day hearing of charges- against three men resulting from the incident. - Charges of using- obscene language and inciting persons to wilfully obstruct a constable in the execution of his duty ’ against . Matthew John Nolan, a - community co-ordinator, aged 26, were dismissed. , . The Judge also dismissed a charge of using obscene language against Brendan Paul Nolan, a contractor, aged 25. Both men were represented by Mr M. J. Knowles. . On charges of resisting and wilfully obstructing Constable M. S. Boyce irrthe execution of his duty : Eli Teahau Tainui (Mr M. J. Glue) was convicted and

fined $2OO and costs of $2O. All three men denied the charges. Both defence counsel submitted that there were no cases io answer because there were significant conflicts in- evidence presented by police, witnesses. The Judge said he was satisfied that the broad outlines of events were confirmed by the six police witnesses — the details of the incident were confused but that was not'surprising. But he was concerned about the “delightful vagueness” of the inciting charge laid against Matthew Nolan, 27? days after the incident. The police had not named the constable it was alleged had been obstructed.

The Judge refused an application by Sergeant M- PCaldwell to amend the charge to include the name of Constable W. J. Hadley. - He said he' was concerned that "utterances .and criticisms” of the police bandied about in the media and by others had influenced a decision to charge : Matthew Nolan with inciting, 27 days after the event. He said he could ’ only assume, that at the time the police were unsure of precisely who had been obstructed. It’ was not the function of' the Court to conduct, a “fishing expedition” to. find a name to validate the charge: The language, used by both Nolans was “grossly obscene” in some circumstances, the Judge said. But the events of that night were far from normal. He said he did not think that the sensibilities of any person could have been offended. Society was such that the words used were probably as common in “The

Press” comer of Cathedral Square- as other words. Mr Knowles said .that independent evidence would have been called criticising police • handling of ’ the fracas. Matthew Nolan was a. detached social worker with the Porirua. City Council — he was in daily contact with the police, assisting them lin managing difficult situations with gangs in the area. Matthew Nolan was awarded $4O costs on the incitement charge. Tainui told the Court that the incident began when he had tried to find out from the police 'why his friend, Reginald Curtis, had been arrested. He denied pushing past Constable- Boyce. He said that he had been grabbed, had fallen to the ground and was dragged from outside the fast food bars to Press Lane. After that he could not remember much. He had staggered trying to keep his footing and trying to breathe. He had done nothing to stop the police arresting Curtis and did not think that the police had been too rough with Curtis. The Judge said that he did not think the police had used excessive force — Tainui himself had not made allegations of that nature. He told Tainui that he had been making “a perfect nuisance of himself.” Steps taken by Constable Boyce would have been the same as any reasonable officer in the circumstances. The police could do without interference, he said. Such a situation could rapidly develop ■ into a serious confrontation between the police and members of the public. . ■